# The Harwich Haven Harbour Revision Order 2008

S.I. 2008/2359 · made 2 September 2008

This Order removes the statutory limits on capital and temporary borrowing by the Harwich Haven Authority under sections 54 and 56 of the Harwich Harbour Act 1974, removes the statutory limit on the amount that may be maintained in a reserve fund under section 58 of that Act, and enables the Authority to decide the mode of any borrowing.

Made under: Harbours Act 1964

PDFs: Printed copy https://openlegislation.uk/harwich-haven-harbour-revision-order-2008/pdf/uksi_20082359_en.pdf

## Introductory text

Harbours, Docks, Piers And Ferries
Made 2nd September 2008
Coming into force 8th September 2008
The Harwich Haven Authority has applied for a harbour revision order under section 14 of the Harbours Act 1964.
The Secretary of State is the appropriate Minister under section 14(7) of that Act and is satisfied as mentioned in section 14(2)(b) of that Act.
The Secretary of State in exercise of the powers conferred by that section and now vested in her makes the following Order:

## 1 Citation and commencement

(1) This Order may be cited as the Harwich Haven Harbour Revision Order 2008 and comes into force on 8th September 2008.
(2) The Harwich Harbour Acts and Orders 1973 to 2000 and this Order may be cited together as the Harwich Harbour Acts and Orders 1973 to 2008.

## 2 Interpretation

In this Order, “the 1974 Act” means the Harwich Harbour Act 1974.

## 3 Borrowing Powers

For section 54 (borrowing powers) of the 1974 Act substitute–
“54. (1) The Harwich Haven Authority may borrow money for any of the purposes of its undertaking whether the purposes concerned are of a capital or revenue nature, and may do so in such manner and on such terms as the Authority considers expedient.
(2) Without prejudice to the generality of subsection (1), the power to borrow conferred by that subsection may be exercised—
(a) by the issue of debentures on such terms as the Authority thinks fit;
(b) by borrowing from a government source or bank or other provider on overdraft or loan;
(c) by opening an acceptance credit with a bank or accepting house;
(d) by accepting money on deposit.
(3) The Authority may for the purposes of its undertaking give guarantees to any person for the benefit of any undertaking carried on by that person or, if that person is a company, by any subsidiary of that person.
(4) The Authority may by way of security for any borrowing authorised or any guarantee given by it under this section grant any mortgage or charge which it thinks fit over all or any part of its revenues (present or future) and by way of security for any overdraft or loan under subsection (2)(b) charge all or any part of the Authority’s assets.”

## 4 Reserve Fund

In section 58 (reserve fund) of the 1974 Act, for subsection (1) substitute–
“(1) The Harwich Haven Authority may carry to a reserve fund such part of its receipts on revenue account as it considers expedient.”

## 5 Repeal

The enactments mentioned in columns (1) and (2) of the Schedule are repealed or revoked, as the case may be, to the extent specified in column (3) of that Schedule.

## Signature

Signed by authority of the Secretary of State for Transport
R.C Bennett
Head of Ports Division
Department for Transport
2nd September 2008

## REPEALS AND REVOCATION

Chapter or S.I. No.
(1)
Title or short title
(2)
Extent of repeal
(3)
1974 c.i
Harwich Harbour Act 1974
Sections 56 and 62
Schedule 2
1988 c.xxxiv
Harwich Harbour Act 1988
Section 17
S.I. 1985/1803
Harwich Harbour Revision Order 1985
Article 2

## Explanatory note

(This note is not part of the Order)
This Order removes the statutory limits on capital and temporary borrowing by the Harwich Haven Authority under sections 54 and 56 of the Harwich Harbour Act 1974, removes the statutory limit on the amount that may be maintained in a reserve fund under section 58 of that Act, and enables the Authority to decide the mode of any borrowing.

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Source: https://www.legislation.gov.uk/uksi/2008/2359 (the official version)
Page: https://openlegislation.uk/harwich-haven-harbour-revision-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

